PITTSBURGH — A mother is fighting for justice for her son nearly three years after his death. Carmella Wilson flew up from Texas to be at the Allegheny County courthouse on Monday.
“It’s purely rage, anger, and hurt,” Carmella Wilson told Channel 11.
Those are the feelings Carmella Wilson has when she thinks about Zairyre Simmons being let out of jail just months after a jury convicted him of killing her son, Dorian Carver.
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“It’s on your mind constantly. It’s just like when it first happened again,” she added.
In May, a jury found Simmons guilty of allegedly murdering Carver back in 2022, when they both worked at the Scott Township Taco Bell. Police say Simmons shot Carver over a write-up.
Earlier this month, Channel 11 told you about Judge Bruce Beemer vacating Simmons’ verdict after his defense attorney argued there was “prosecutorial misconduct” in the first trial.
He argued that prosecutors filed two charges against Simmons without ever presenting evidence to prove them.
“I’m very frustrated because they didn’t take the case as seriously as they should. Why didn’t [they] get all of your ducks in a row? You had 2.5 years?”
The DA’s office has agreed to a new trial, but Simmons’ defense attorney filed a motion trying to stop that second trial from happening on the grounds of double jeopardy, meaning a person cannot be tried for the same crime twice.
If a judge agrees with the defense, Simmons will be a free man.
“Why would you ask for double jeopardy for this killer to walk free? Somebody who chased someone who was running away from them, and you want him out on the street?” Wilson said.
The double jeopardy argument will be heard in court in November," and that will determine if there will be a second trial.
The DA’s office says they cannot comment on a specific case, but are prepared for trial.
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